Issuance of a traffic citation is not itself a Fourth Amendment violation, and, even if it arguably was, the officer would be entitled to qualified immunity. Smith v. Garden City, 2008 U.S. Dist. LEXIS 19282 (D. Idaho March 12, 2008).*<\/p>\n
Defendant was detained, but he voluntarily consented. He was a police officer in Mexico for 20 years, and that’s a factor that weighs in favor of the government. United States v. Torres-Borunda<\/a>, 269 Fed. Appx. 431 (5th Cir. 2008) (unpublished).*<\/p>\n The record supports the district court’s conclusion that the consent was voluntary. The fact it took three minutes off camera to get the ticket signed did not prove much of anything. United States v. Bessolo<\/a>, 269 Fed. Appx. 413 (5th Cir. 2008) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading